093_SB0999

 
                                     LRB093 02898 SJM 02914 b

 1        AN ACT in relation to taxation.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Electricity Excise Tax Law is amended by
 5    changing Section 15 as follows:

 6        (35 ILCS 640/15)
 7        Sec. 15.  Severability.  If any provision added  by  this
 8    amendatory   Act   of  1997  is  held  invalid,  this  entire
 9    amendatory Act of 1997  shall  be  deemed  invalid,  and  the
10    provisions of Section 1.31, "Severability", of the Statute on
11    Statutes are hereby expressly declared not applicable to this
12    amendatory  Act  of  1997;  provided,  however  (i)  that any
13    contracts entered into and performed, transactions completed,
14    orders  issued,  services  provided,  billings  rendered,  or
15    payments made in  accordance  with  the  provisions  of  this
16    amendatory Act of 1997, other than as provided in clause (ii)
17    below,  prior  to  the  date  of  the  determination  of such
18    invalidity, shall not thereby be rendered invalid; (ii)  that
19    no  presumption  as  to  the  validity  or  invalidity of any
20    contracts,  transactions,  orders,  billings,   or   payments
21    pursuant  to  Article XVIII of the Public Utilities Act shall
22    result from a determination of invalidity of this  amendatory
23    Act  of  1997;  and  (iii) that the provisions of proviso (i)
24    shall not be deemed to preserve the validity of any executory
25    contracts  or  transactions,  of  any  actions  to  be  taken
26    pursuant  to  orders  issued,  or  of  any  services  to   be
27    performed,  billings  to be rendered, or payments to be made,
28    pursuant  to  provisions  of  this  amendatory  Act  of  1997
29    subsequent to the date of determination of such invalidity.
30    (Source: P.A. 90-561, eff. 12-16-97.)